I. Subject and scope of application
Welcome to use the Hololink 3D platform (hereinafter referred to as "the
Platform"). This Agreement (hereinafter referred to as "the Terms") constitutes a legally binding agreement
between you and Guangzhou Qimei Network Technology Co., Ltd. ("We"), governing your access and use of the
Platform and related websites, services, applications, products, and content ("the Services").
Access to some services or features (such as submission, sharing of user content,
as defined below) may be restricted by age and may not be available to all users. The service is for private
use only and commercial use is prohibited.
By registering and checking "I have agreed to the User Agreement", you shall be
deemed to have reached an agreement with us and voluntarily accept all contents of this Agreement. You shall
not defend yourself in any form on the grounds that you have not read the contents of this Agreement.
2. Acceptance and premise of the agreement
1.
By accessing or using the Services, you confirm that you are capable of entering
into binding contracts and accept and agree to comply with these Terms.
2.
Your use of the Service is also subject to the Platform Community Guidelines and
Virtual Goods Policy. The above additional guidelines and policies are incorporated by reference into this
Agreement and become legally binding (available directly on the Platform).
3.
The platform and services are not suitable for children, and children are not
allowed to use them. Users under the minimum age in their country/region must obtain parental/guardian consent
before use. If you, as a guardian, find that your child is using the platform, please contact us immediately
to delete the relevant information.
4.
Please read our Privacy Policy at the same time, which specifies how we use your
personal information. You use the Platform services as if you accept these Terms and conditions and privacy
Policy.
III. Modification of Terms and Services
1.
We may modify these Terms from time to time and will make reasonable commercial
efforts to inform all users of material changes through platform notices, but you should still review the
Terms regularly for details.
2.
The "Last Updated" date at the top of this clause will be updated as the effective
date of any change. If you continue to use the Service after the new terms take effect, you will be deemed to
have accepted the new terms after we have fulfilled our obligation to inform you. If you do not agree, you
must stop accessing or using the Service.
IV. User Account
1.
Accessing and using certain content on the platform may require creating an account
("Your Account"). The account is personal and cannot be lent, transferred, or shared with others. The user
identifiers assigned by the platform (e.g., user ID) are owned by us. Upon account termination or
deactivation, we reserve the right to disable, reclaim, and reuse such identifiers.
2.
Your responsibilities: (1) Protect account information (including passwords); (2)
Take responsibility for the use of services under your account. If you discover any leakage of your account or
password, please contact us immediately through user_service@hololink3d.com. Until we receive and confirm the
leakage notice, we will consider you as the user of the account.
3.
You agree to assume full responsibility to us and third parties for all activities
under the account.
4.
We reserve the right to disable your account at any time, including but not limited
to your violation of these Terms, activities that may harm the rights of third parties or violations of laws
and regulations.
V. User Content
When you submit, upload, transmit or display any data, information, media or other
content (the "Content") related to the Services, you understand and agree that:
1.
You retain ownership of the content and assume full responsibility for it; our use
of the content is subject to our privacy policy.
2.
You grant us and our affiliates the right to use your content free of charge,
including the right to create derivative works, public display, public performance, and for promotion,
development, improvement of services (including current and future services that may be provided).
3.
You acknowledge that we may receive revenue, goodwill or other value from your use
of the Services and that you have no right to share such revenue (unless otherwise expressly agreed); You have
no right to receive revenue or remuneration from the Services (including user content created by you), and you
may not profit from the Services or third-party user content, except as expressly permitted by the Agreement.
4.
We and our affiliates may copy, license, store, process, adapt, modify, translate,
execute, distribute and publish (including distribution methods developed in the future) your content for the
above purposes, provided that such use has been incorporated into the services you use.
5.
We may share your content with third party partners who help provide, promote,
develop and improve our services, but we do not sell the content to such third parties (except affiliated
companies) for purposes unrelated to our services.
6.
You should comply with the platform instructions and these terms when submitting
content.
7.
You must ensure: (1) You have the necessary rights to submit, transmit or display
content and can grant the rights described in these Terms; (2) Your content and our use thereof do not
infringe upon others' rights or violate laws and regulations. You guarantee that your content complies with
the above standards. If you violate them, you shall be liable to us for compensation (including losses or
damages caused by such violation).
8.
We reserve the right to block or remove your content for any reason (including
based on reasonable judgment or legal requirements). In certain circumstances, such as when a third party
claims that your content infringes their intellectual property rights or privacy rights, we may disclose your
identity to such third party pursuant to a legally binding court order.
VI. Prohibited Acts
You agree not to engage in (or permit others to engage through your account) the
following service-related acts:
1.
Impersonating others or distorting relationships with others/entities (including
when registering accounts, communicating, sharing or publishing content);
2.
Unauthorized use or attempt to use other users' accounts, services or systems, or
create a false identity through the account name to infringe third-party intellectual property rights or other
rights;
3.
To copy, modify, adapt, translate, reverse engineer, decompile, or create
derivative works (including any documents, tables, files, or parts thereof) based on the unauthorized content
to the maximum extent permitted by applicable laws, or attempt to identify source code, algorithms, methods,
technologies, or derivative works in the Platform;
4.
Sending unsolicited spam, advertising, promotional messages or other commercial
communications (such as spam comments on social media services);
5.
Using the service for commercial purposes or to profit for a third party,
including: publishing information about products/services of their own or affiliated companies, publishing
information about competing products/services, publishing posts in exchange for money or benefits, publishing
information about availability/transportation of products of third-party suppliers, publishing in an dishonest
manner, etc.;
6.
Submit, upload, transmit, or display content that we deem inappropriate, including
but not limited to: violations of laws and regulations; causing personal/property damage; fraudulent, false,
misleading, or deceptive conduct; harming or exploiting others (such as bullying, harassment, threats of
violence); hate/harassment/abuse/racial/national offenses/slander/threats/denigration or other objectionable
content; promoting or encouraging self-harm; infringing on others' rights (including intellectual property,
contractual rights, privacy); pornographic/obscene/violent/indecent content; or any material that encourages
such behaviors.
7.
Violations of laws and regulations (including credit card fraud, bank account
fraud);
8.
Participation in illegal or potentially illegal activities/transactions (e.g. sale
of illicit drugs, money-laundering);
9.
Gambling, providing information on gambling or inducing others to gamble;
10.
Using our intellectual property (such as trademarks, brand names, logos,
proprietary information, page layouts or designs) to design applications/software for access to the Service,
or infringing our intellectual property (including attempts to revoke);
11.
Access to services, collect/process service content or send/redirect communications
(including automated promotion of content) through automated robots, software, engines, crawlers, crawling
tools, data mining tools, etc.;
12.
Using "frames", "mirrors" or other techniques to simulate the appearance or
functionality of a service;
13.
Interfere with or attempt to interfere with any user or third party's access to the
Service;
14.
Deliberately propagating viruses, worms, Trojan horses, corrupted files or other
malicious code;
15.
Sharing or publishing other people's personal identity information through the
service without their explicit consent;
16.
Explore/test vulnerabilities in services, systems or user systems, or circumvent
(or attempt to circumvent) security features;
17.
Creating multiple accounts for destructive or abusive purposes;
18.
Encouraging others to violate these terms;
19.
We determine in our own judgment to be offensive, restrict the use of the Platform
or services by others, or may cause harm/liability to the Platform, services or users.
We reserve the right to delete or prohibit access to content at any time (whether
notified or not), including, but not limited to, if the content violates the Terms, harms the services or the
interests of users.
VII. Platform usage restrictions
You shall not (or permit others to):
1.
Using the licensed items in violation of these terms or laws and regulations;
2.
Unauthorized access to any system, account or data;
3.
Sub-licensing, leasing, renting or selling of platform licenses;
4.
Directly or indirectly charging others to use/visit the platform;
5.
Directly or indirectly implies that we support or accept any product, service or
content (including personal websites);
6.
Transferring unauthorized communications (such as spam) through licensed projects;
7.
Delete, hide or modify notices, marks or statements of copyright, trademark or
other proprietary rights in the Platform;
8.
Misrepresentation of the source or ownership of the licensed project;
9.
To copy, adapt, modify or translate the licensed project or create derivative works
in a manner expressly prohibited by these Terms, or to lend, lease, rent, perform, sublicense, make available
to the public, broadcast, distribute, transmit or execute all or part of the licensed project;
10.
Attempting to interfere with or interfere with the platform (including by
manipulating its legitimate operations);
11.
Using cheating, exploitation, automated software or unauthorized third-party
software to modify or interfere with the platform;
12.
Interfering with or aggravating the burden of providing/supporting the platform by
computers/ servers or other users using the platform;
13.
Development of plug-ins, external component compatibility, interconnect components
or other technology interoperability platforms (unless expressly permitted by us and subject to additional
terms).
The Platform may have technical measures in place to prevent
unauthorized/authorized use or violation of these Terms, and you agree that we may use such measures and shall
not attempt to disable or circumvent them.
VIII. Liability for compensation
You agree to indemnify and hold us, our parent company, subsidiaries, affiliates
and their officers, directors, employees, agents and consultants against all claims, liabilities, costs,
damages, losses and expenses (including attorney's fees and expenses) arising from your (or any user of your
account)' s breach of these Terms (including breach of obligations or warranties), and to protect them from
injury.
IX. Disclaimer
1.
This clause does not affect your irrevocable or waived legal rights under laws and
regulations, and you should always use the Service as a consumer.
2.
The Services are provided "as is" and we make no warranties or representations,
expressly or implied, including, but not limited to:(1) that the use of the Services will meet your
requirements; (2) that the use of the Services will be uninterrupted, timely, secure or error-free; (3) that
information obtained through the Services will be accurate or reliable; and (4) that defects in software
operations or functions included in the Services will be corrected.
3.
Unless expressly stated in these Terms, no conditions, warranties or other terms
(including implied terms regarding satisfactory quality, suitability, compliance with descriptions, etc.)
shall apply to the Services. For business and operational purposes, we may at any time modify, suspend, revoke
or restrict the availability of all or part of the Platform's features without prior notice.
X. Limitation of Liability
1.
This clause does not exclude or limit our liability for damages that are not
prohibited by applicable law, including death or personal injury caused by the negligence of us or our
employees, agents, subcontractors, and liability for fraud or fraudulent representations.
2.
In addition to the above circumstances, we shall not be liable for: (1) direct or
indirect profit loss; (2) loss of goodwill; (3) loss of opportunity; (4) data loss; (5) indirect or
consequential loss. The compensation limit for other losses shall be the amount you have paid to Hololink3D in
the past 12 months.
3.
We shall not be liable for losses or damages you may suffer due to:(1) service
changes or permanent/temporary suspension (or service function suspension); (2) deletion, damage or storage
failure of content and communication data; (3) failure to provide accurate account information; (4) failure to
ensure the security and confidentiality of your password or account information.
4.
The Platform is for home and private use only and you agree not to use it for
commercial purposes. We shall not be liable for loss of profits, business losses, goodwill/business reputation
losses, business interruption or loss of business opportunities.
5.
If the defective digital content we provide damages your device or digital content
due to failure to take reasonable measures, we will repair the damage or pay compensation; however, we shall
not be liable for losses caused by your failure to follow installation instructions, minimum system
requirements, or failure to apply updates, and such limitations shall not be affected by our knowledge of the
possibility of loss.
6.
You shall bear the mobile charges (such as SMS and data charges) incurred by using
the service. If you have any questions about the charging standards, you should consult the service provider
before using it.
7.
To the maximum extent permitted by law, you irrevocably release us and our
affiliates from all known and unknown claims, demands and damages (actual and consequential) arising from any
dispute (including disputes with operators, copyright owners or other users) arising from your use of the
Services with third parties.
11. Update of software and services
1.
We may distribute corrections, updates, upgrades and new versions of the Software
and/or Services (collectively "Updates") at our discretion. You agree to receive and allow us to provide
updates to your Device. If you do not accept or install the Updates, the Software and/or Services may not
function as described in full or at all.
2.
We reserve the right to change or limit the functionality and performance of
software and/or services at our discretion, including revoking support or access rights, and preventing the
use of software and/or services that have not installed all available updates.
3.
Updates can be either automatic or manual. If you do not install the update or new
version, the software and/or service may not work properly or at all. We do not guarantee that any update will
be provided, nor that the update will continue to support your device or system.
XII. Fees and Payment
1.
You may be required to pay fees related to the Platform to us or third parties. In
addition to those specified in these Terms, you shall also comply with the terms and conditions of the
relevant payment services (whether provided by us or a third party). We shall not be liable for transactions
processed by third parties or payments made to third parties (whether or not related to licensed projects).
2.
You are responsible for all platform-related costs and taxes, and the platform
price and availability may change from time to time.
3.
Unless otherwise provided by this Clause or the applicable law of your
jurisdiction, virtual goods and virtual currencies are non-refundable once purchased (whether used or not).
4.
You may incur other expenses such as telecom charges due to your use of the
Platform, and you shall bear such expenses, charges and expenditures at your own discretion.
XIII. INTELLECTUAL RIGHTS
1.
All intellectual property rights (including future updates, upgrades, and new
versions) of the Platform and other services and software belong to us and the Licensor. You are not entitled
to use our intellectual property rights unless explicitly specified in these Terms. Without our prior written
consent, you may not use our trademarks, product names, logos, domain names, or other distinctive brand
features.
2.
Your comments or suggestions on the Service are voluntary and we may use them at
our discretion without paying you any fees or obligations.
3.
We respect intellectual property rights and require you to comply with them. As a
condition of accessing and using the services, you agree not to infringe any intellectual property rights
through the services (such as not uploading content owned by others). We reserve the right to block access
and/or terminate accounts at our discretion at any time (whether notified or not) for users who are found to
be infringing or allegedly infringing copyright or other intellectual property rights.
14. Third-party Content and Services
1.
We do not assume responsibility for the legality, accuracy, or reliability of any
content (including your own or third-party user-generated material) submitted, transmitted, displayed, or
linked through our software, services, or advertisers. We provide neither support nor warranties. You
acknowledge that when using our software or services, you may encounter inaccurate, misleading, defamatory,
offensive, or illegal content, and you bear all associated risks. The use of our software or services does not
grant you access to such content.
2.
We do not guarantee the quality, reliability or suitability of third-party services
provided, advertised or linked through the Software or Services, nor shall we be liable for your use of such
third-party services or your relationship with such services. If you access third-party services through the
Software or Services, you shall comply with their terms and conditions.
3.
We may review (though not obligated to) content within our software or services, as
well as third-party services, to determine compliance with policies, laws, regulations, or potential
objectionable content. If such content or third-party services infringe intellectual property rights, contain
pornographic material, engage in defamation, insult, or pose risks to software/service security/performance,
we may remove them or refuse to provide links.
4.
We shall not be liable for the quality, reliability and applicability of the
content, software, plug-ins, tools or data provided by third parties related to the licensed use, nor shall we
provide support or warranties. You shall bear the risks at your own discretion. You shall comply with other
terms and conditions of such third-party content, software, tools, plug-ins and data.
15. Device access rights
1.
To better provide software and services, we may need to access and/or use your
devices (such as smartphones or tablets). This includes using the device's processor and storage to complete
software installations, or accessing contact lists to enable interactive features. You agree to allow us to
access and use your devices. For more details, please refer to our Privacy Policy. You can also limit our use
of specific device functions through the guidelines provided in the Privacy Policy.
2.
We will further explain how you use and access information about specific items or
devices (such as content stored during installation) in the software or services through relevant installation
programs. If you do not grant authorization to use or access the device, we may not be able to provide the
software or services.
3.
Personal information we use or access on your device (as defined in the Privacy
Policy) will be processed in accordance with these Terms (including the Privacy Policy).
XVI. Termination of the Agreement
1.
We reserve the right to suspend, terminate your account temporarily or permanently
at any time (with or without notice) or restrict your access to part/ all of our services under the following
circumstances:
2.
We have reason to believe that you have violated (or will violate) these Terms,
relevant agreements, policies, guidelines or laws and regulations;
3.
We determine that your account activity may harm us or our services, or infringe
the rights of third parties (including intellectual property);
4.
Respond to valid legal process requirements of law enforcement or other government
agencies;
5.
Technical or security problems occur unexpectedly;
6.
Your account has been inactive for a long time.
7.
If we permanently close or terminate your account, you will be notified in advance
(so that you can access and save information and content) unless we have reason to believe that your continued
access to the account would harm us or the Service, or violate law enforcement/agency requirements, laws and
regulations, or third party rights.
8.
If your account is suspended/terminated temporarily or permanently, your access to
the username, password and related information/content may be suspended/terminated (your legal rights shall be
respected). As we do not guarantee the permanent availability of content, you should back up important
content.
9.
If you wish to stop using the service, you can contact us through
user_service@hololink3d.com and we will assist you in deleting your account. Please note that after the
account is deleted, it cannot be reactivated and the added content or information cannot be retrieved.
17. Legal rights of users
The contents of this Clause shall not replace the mandatory rights you enjoy under
laws and regulations; if this Clause is inconsistent with such rights, your mandatory rights shall prevail.
XVIII. General terms
1.
You agree not to claim against us for any statement not expressly provided in these
Terms.
2.
The invalidity of any provision (or part) hereof shall not affect the validity or
enforceability of the other provisions (or the remainder of such provision).
3.
If the court determines that part of this clause cannot be executed according to
the original drafting content, we may replace it with similar clauses within the scope permitted by laws and
regulations, without changing the validity of the remaining clauses.
4.
The delay in executing any provision of this Article shall not be deemed to be a
waiver of the right under such provision.
5.
The rights and obligations under this Clause shall remain in force after the
termination of this Agreement.
6.
No third party other than you and we (subject to applicable laws and regulations)
shall have the right to enforce these Terms; You may not delegate, assign or transfer these Terms or any
rights/obligations hereunder without our prior consent.
7.
We may freely assign, transfer or subcontract all/portion of our rights and
obligations under this Clause without prior consent or notice to you.
8.
You acknowledge and agree that our partners or affiliates shall not be liable under
this Clause under any circumstances.
XIX. Applicable Law and Dispute Settlement
1.
The conclusion, effectiveness, performance and interpretation of this Clause shall
be governed by the laws and regulations of the People's Republic of China, excluding the rules of
retroactivity and transfer.
2.
Any disputes, claims, or controversies arising from this Agreement shall be
submitted by both parties to the South China International Economic and Trade Arbitration Commission (also
known as "Shenzhen International Arbitration Court", hereinafter referred to as "SCIA") for arbitration. The
arbitration shall follow the rules of SCIA, with the venue in either Guangzhou or Shenzhen. The arbitral
tribunal shall consist of three arbitrators, and Chinese shall serve as the official language of the
proceedings. The laws and regulations of the People's Republic of China shall apply.
3.
If you have any questions about the conclusion, effectiveness, performance and
interpretation of this Agreement, please contact us at user_service@hololink3d.com. Both parties shall settle
the matter through friendly negotiation.
20. Supplementary terms of the App Store
Subject to applicable law, the following supplemental terms shall apply:
(I) Supplementary terms for Apple devices
By accessing the Platform through devices manufactured by Apple Inc. ("Apple"), you
expressly acknowledge and agree that:
1.
Apple is not a party to these Terms.
2.
This License grants you a license only for personal, limited, non-exclusive, and
non-transferable rights to install the Platform on Apple authorized devices that you own or control for
personal and non-commercial purposes, subject to the terms of use in the Apple App Store Terms of Service.
3.
Apple is not responsible for the platform or its content, nor for the maintenance
or support services of the platform.
4.
If the Platform does not comply with any applicable warranty, you may notify Apple
and Apple will refund your purchase price for the Platform (if any); To the maximum extent permitted by
applicable law, Apple shall not otherwise undertake any warranty obligations related to the Platform.
5.
Apple is not responsible for settling any claims (including product liability
claims, claims that the Platform does not comply with legal and regulatory requirements, claims based on
consumer protection or similar laws and regulations) that you or a third party may raise with respect to the
Platform or your ownership/Use of the Platform.
6.
Apple shall not be responsible for investigating, defending, settling or
discharging such claims if a third party alleges that the Platform or your ownership/use of the Platform
infringes its intellectual property rights.
7.
You represent and warrant that: (1) You are not in a country subject to the U.S.
government embargo or designated as a state that supports terrorism; and (2) you are not on any U.S.
government list of prohibited or restricted parties.
8.
Apple and its subsidiaries are third party Beneficiaries of these Terms; by
accepting these Terms, Apple is entitled (and deemed to have accepted such right) to enforce these Terms
against you as a third party Beneficiary.
9.
Hololink3d explicitly authorizes multiple users to use the platform through home
sharing or similar features provided by Apple.
(2) Google Play, Supplementary Terms
By downloading through Google Play (or its successor) operated by Google Inc. or
its affiliates, you expressly acknowledge and agree that:
1.
The Terms of Service for Google Play, Google Play Business and Planning Policies,
or all other terms designated by Google as the default end-user license terms for Google Play (collectively,
the "Google Play Terms"), together with the rest of these Terms, apply to your use of the Platform downloaded
from Google Play.
2.
Google assumes no responsibility or obligation for hololink3d or you (or any other
user) to comply with these Terms or the terms of Google Play.
